EU Supremacy (Essay)

Question 1

Skimmed milk

Earlier case found Regulation to be invalid because price of milk disproportionately high

Developed concept of multilateral relationship between MS and EU law
(EU law must be uniformly applied in MS)

Answer 1

International Chemical Corporation (ICC)

Question 2

National courts cannot declare Commission’s decisions invalid (even if in breach of Community regulation)

Puts EU unity in jeopardy, detracts from legal certainty

Also, Art267 gives ECJ exclusive jurisdiction to rule such matters, and ECJ in best position to decide

Answer 2

Firma Foto-Frost

Question 3

EU law can be enforced ‘without further enactment’ in the UK (vertical effect)

Answer 3

S2 European Communities Act 1972

Question 4

UK judges believe that future law can repeal earlier law, if expressly intended

Answer 4

Thoburn

HS2

Question 5

UK can choose if and how EU law is implemented

Answer 5

Hirst v UK (No 2): Prisoner’s voting rights (violation of Art3 ECHR)

Question 6

Duties of European Council?

Answer 6

– General direction in Art15 TEU

1. For representation/expression of MS’ interests
2. Takes final decision on most EU legislation (makes law w EU Parliament)
3. Exercises budgetary functions, carries out policy-making and coordinating functions: Art16(1) TEU

Question 7

Duties of Commission?

Answer 7

– To ‘promote the general interest of the Union and take appropriate initiatives to that end’: Art17(1) TEU

1. Can propose legislation to the Council and pass down Council’s legislative measures or its own (e.g. competition policy re public undertakings)
2. Adopts measures for competition policy (Art101-109 TFEU), administers structural funds and spends Union’s budget
3. Can initiate infringement proceedings against MS: Arts258-260 TFEU

Question 8

Duties of European Parliament?

Answer 8

– To represent EU citizens

1. Can legislate with Council through Council
2. Can initiate actions for annulment against Council and Commission: Art263 TFEU (and set up investigatory committees)
3. Can censure Commission by qualified majority voting

Question 9

European Parliament may be only a consultant to the Council

Answer 9

Case 138/79 Roquette Freres v Council

Case C-65/93 European Parliament v Council (3rd GSP Case)

Question 10

MS have willingly limited their sovereignty by giving EU competencies over certain areas in exchange for legal rights under the EU

Answer 10

Van Gend en Loos

Question 11

No point having agreements to form the EU if MS not going to follow/apply EU law

Answer 11

Costa

Question 12

Germany accepted that EU law can prevail so long as it protects fundamental rights protected in German constitution

Answer 12

Solange II

Question 13

EU law prevails over constitutional law; affirms Costa

Treaty = Independent source of law, cannot be overridden by national law without having its legal basis being called into question

Answer 13

Internationale

Question 14

Directive can be directly effective even if discretion is granted to national authority

Answer 14

Van Duyn

Question 15

What are the 2 doctrines of the EU legal order?

Answer 15

1. Supremacy of EU law

2. Direct effect

Question 16

ECHR need not be strictly adhered to, but ‘substance of rights’ should be protected ‘in some form’ domestically

Answer 16

James and Others v UK

Question 17

Lisbon Treaty: Affirms previous case law that Treaties and laws resulting from Treaties have primacy over MS laws (under conditions)

Answer 17

Declaration 17

Question 18

No horizontal effect

Answer 18

Marshall

Question 19

Interests of national courts?

Answer 19

National sovereignty

Question 20

Interests of CJEU?

Answer 20

Upholding EU law